Moscow Government to preclude non-designated use of land plots

15.01.2014

Legal Update No. 444, 15 January 2014

Goltsblat BLP advises that Moscow Government Resolution No. 819-PP of 11 December 2013 (the Resolution) has been adopted. Its purpose is to identify and put an end to any unlawful use of land plots (other than for their designated purpose).

In particular, lists are confirmed of:

  • Over 500 real estate properties created on land plots not granted for construction (reconstruction) purposes and (or) without a construction permit and in relation to which title has been registered and (or) details have been duly entered in the state real estate cadastre.
  • Over 200 land plots owned by the City of Moscow and land plots in undelimited state ownership on the territory of Moscow that accommodate property and were not provided for construction (reconstruction) and (or) for which construction (reconstruction) permits were not granted.

These lists are to be updated at least once a quarter and the Moscow City Property Department is charged with filing relevant judicial claims (evidently meaning suits for demolition of unauthorised structures, recognition of the City of Moscow’s title to an unauthorised structure, and so on). The relevant lists may be found on the Moscow Government official website at https://www.mos.ru/documents/index.php?id_4=131738

The Moscow City Property Department is also charged with including, in agreements on transfer into possession and (or) use of land plots owned by the City of Moscow and land plots in undelimited state ownership on the territory of Moscow, conditions on:

  • performance by Moscow authorities of measures to terminate unlawful (undesignated) use of a land plot in violation of the permitted use of the land plot (failure to observe the purposes for which it was granted);
  • unilateral withdrawal from the agreement (unilateral cancellation thereof) in the event of violation of the permitted use of the land plot (failure to observe the purposes for which it was granted).

Other measures are also specified for collaboration between state authorities and local government bodies in the given sphere.

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